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Tag Archives: position mark

EUIPO’s “new” types of marks in practice: Any takers?

Since 2016, European trademark law has gone through its most substantial reform since the implementation of the (former) Community trademark system in 1996. One of the changes that took effect as of 1 October 2017 opened up the opportunity for trademark owners to obtain protection for new types of marks as these no longer require

adidas victorious again in defending its rights to the Three Stripes

The General Court has once again upheld adidas’ oppositions against two copycat applications for two stripes positioned on a shoe. The two decisions issued on 1 March 2018 (in Cases T-629/16 and T-85/16) come as part of the long-standing trade mark dispute between adidas and Shoe Branding*. The cases involved Shoe Branding’s two applications for

Europe: The General Court agrees – it’s genuine!

Judgment of 17 January 2018 in Case T-68/16 Deichmann v EUIPO – Munich The General Court (GC) upheld the Board of Appeal’s (BoA) finding that evidence showing minor differences in a cross device nevertheless clearly constitutes genuine use of the cross device as registered. What happened at EUIPO? Deichmann filed a revocation action (based on

Europe’s highest court shows its true stripes in support of adidas

In an Order on 17 February 2016 (Shoe Branding Europe v adidas in Case C-396/15 P*) the Court of Justice of the European Union (“CJEU”), Europe’s highest Court, confirmed a decision of the General Court upholding adidas’ opposition against Shoe Branding’s Community trademark (“CTM”) application for two stripes positioned on a shoe. The Order confirmed

A welcome addition: Japanese government introduces non-traditional marks into registration system

From 1 April 2015, applicants can start to file applications in Japan for so-called “non-traditional” trademarks such as colour marks and sound marks. Our overview of the recently published examination guidelines for such non-traditional trademark applications has identified the following highlights. How to identify a colour trademark in the application A mark can be registered

Japan amends Trademark Act

The latest amendment of the Trademark Act in Japan (“Amendment”) was announced on May 14, 2014. The Amendment will likely enter into force on April 1, 2015, with the exception of the changes relating to the regional collective marks, which took effect on August 1, 2014. There are two important changes in the Amendment. First,